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requirements, Security measures, DEPARTMENT OF EDUCATION in light of the Supreme Court decision Waterways. discussed below. 34 CFR Chapter I In 2020, the Supreme Court in For the reasons discussed in the Bostock v. Clayton County, 140 S. Ct. preamble, the Coast Guard amends 33 Enforcement of Title IX of the 1731, 590 U.S. ll (2020), concluded CFR part 165 as follows: Education Amendments of 1972 With that discrimination based on sexual Respect to Discrimination Based on orientation and discrimination based on PART 165—REGULATED NAVIGATION Sexual Orientation and Gender Identity gender identity inherently involve AREAS AND LIMITED ACCESS AREAS in Light of Bostock v. Clayton County treating individuals differently because AGENCY: of their sex. It reached this conclusion ■ Office for Civil Rights, 1. The authority citation for part 165 Department of Education. in the context of Title VII of the Civil continues to read as follows: Rights Act of 1964, as amended, 42 ACTION: Interpretation. Authority: 46 U.S.C. 70034, 70051; 33 CFR U.S.C. 2000e et seq., which prohibits 1.05–1, 6.04–1, 6.04–6, and 160.5; SUMMARY: The U.S. Department of sex discrimination in employment. As Department of Homeland Security Delegation Education (Department) issues this noted below, courts rely on No. 0170.1. interpretation to clarify the interpretations of Title VII to inform Department’s enforcement authority interpretations of Title IX. ■ 2. Add § 165.T11–057 to read as over discrimination based on sexual The Department issues this follows: orientation and discrimination based on Interpretation to make clear that the gender identity under Title IX of the Department interprets Title IX’s § 165.T11–057 Safety Zone; Southwest Education Amendments of 1972 in light prohibition on sex discrimination to Shelter Island Channel Entrance Closure, of the Supreme Court’s decision in encompass discrimination based on San Diego, CA. Bostock v. Clayton County. This sexual orientation and gender identity (a) Location. The following area is a interpretation will guide the Department and to provide the reasons for this safety zone: The Northeast Shelter in processing complaints and interpretation, as set out below. Island Channel Entrance and all conducting investigations, but it does Interpretation: navigable waters of San Diego Bay not itself determine the outcome in any Title IX Prohibits Discrimination Based on Sexual Orientation and encompassed by by a three hundred particular case or set of facts. Gender Identity. DATES: This interpretation is effective yard circle centered on the coordinate Consistent with the Supreme Court’s ° ′ ″ ° ′ ″ June 22, 2021. 32 43 13.7 N, longitude 117 13 7.8 W. ruling and analysis in Bostock, the (b) Definitions. As used in this FOR FURTHER INFORMATION CONTACT: Department interprets Title IX’s section, designated representative Alejandro Reyes, Director, Program prohibition on discrimination ‘‘on the means a Coast Guard Patrol Legal Group, Office for Civil Rights. basis of sex’’ to encompass Commander, including a Coast Guard Telephone: (202) 245–7272. Email: discrimination on the basis of sexual [email protected]. orientation and gender identity. As was coxswain, petty officer, or other officer If you use a telecommunications the case for the Court’s Title VII analysis operating a Coast Guard vessel and a device for the deaf (TDD) or a text in Bostock, this interpretation flows Federal, State, and local officer telephone (TTY), call the Federal Relay from the statute’s ‘‘plain terms.’’ See designated by or assisting the Captain of Service (FRS), toll-free, at 1–800–877– Bostock, 140 S. Ct. at 1743, 1748–50. the Port Sector San Diego (COTP) in the 8339. enforcement of the safety zone. Addressing discrimination based on SUPPLEMENTARY INFORMATION: sexual orientation and gender identity (c) Regulations. (1) Under the general Background: Title IX of the Education thus fits squarely within OCR’s safety zone regulations in subpart C of Amendments of 1972, 20 U.S.C. 1681– responsibility to enforce Title IX’s this part, you may not enter the safety 1688, prohibits discrimination on the prohibition on sex discrimination. zone described in paragraph (a) of this basis of sex in any education program or section unless authorized by the COTP activity offered by a recipient of Federal I. The Supreme Court’s Ruling in or the COTP’s designated representative. financial assistance. The Department’s Bostock (2) To seek permission to enter, Office for Civil Rights (OCR) is The Supreme Court in Bostock held contact the COTP or the COTP’s responsible for the Department’s that sex discrimination, as prohibited by enforcement of Title IX. representative by VHF Channel 16. Title VII, encompasses discrimination OCR has long recognized that Title IX based on sexual orientation and gender Those in the safety zone must comply protects all students, including students identity. The Court explained that to with all lawful orders or directions who are lesbian, gay, bisexual, and discriminate on the basis of sexual given to them by the COTP or the transgender, from harassment and other orientation or gender identity ‘‘requires COTP’s designated representative. forms of sex discrimination. OCR also an employer to intentionally treat (d) Enforcement period. This section has long recognized that Title IX individual employees differently will be enforced from 8:30 a.m. until prohibits harassment and other forms of because of their sex.’’ 140 S. Ct. at 10:30 a.m. on June 22, 2021. discrimination against all students for 1742.1 As the Court also explained, not conforming to stereotypical notions Dated: June 16, 2021. of masculinity and femininity. But OCR 1 The Court recognized that the parties in Bostock T.J. Barelli, at times has stated that Title IX’s each presented a definition of ‘‘sex’’ dating back to Captain, U.S. Coast Guard, Captain of the prohibition on sex discrimination does Title VII’s enactment, with the employers’ Port Sector San Diego. definition referring to ‘‘reproductive biology’’ and not encompass discrimination based on the employees’ definition ‘‘capturing more than [FR Doc. 2021–13136 Filed 6–21–21; 8:45 am] sexual orientation and gender identity. anatomy[.]’’ 140 S. Ct. at 1739. The Court did not BILLING CODE 9110–04–P To ensure clarity, the Department issues adopt a definition, instead ‘‘assum[ing]’’ the definition of sex provided by the employers that the this Interpretation addressing Title IX’s employees had accepted ‘‘for argument’s sake.’’ Id. coverage of discrimination based on As the Court made clear, it did not need to adopt sexual orientation and gender identity Continued

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when an employer discriminates against Department’s interpretation of discrimination. In Bostock, 140 S. Ct. at a person for being gay or transgender, discrimination ‘‘on the basis of sex’’ 1740–41, the Court observed that Title the employer necessarily discriminates under Title IX and leads to the VII ‘‘tells us three times—including against that person for ‘‘traits or actions conclusion that Title IX prohibits immediately after the words it would not have questioned in discrimination based on sexual ‘discriminate against’—that our focus members of a different sex.’’ Id. at 1737. orientation and gender identity. should be on individuals.’’ The Court The Court provided numerous a. There is textual similarity between made a similar observation about Title examples to illustrate why ‘‘it is Title VII and Title IX. IX, which uses the term person, in impossible to discriminate against a Like Title VII, Title IX prohibits Cannon v. University of Chicago, 441 person’’ because of their sexual discrimination based on sex. U.S. 677, 704 (1979), stating that orientation or gender identity ‘‘without Title IX provides, with certain ‘‘Congress wanted to avoid the use of discriminating against that individual exceptions: ‘‘No person in the United federal resources to support based on sex.’’ Id. at 1741. In one States shall, on the basis of sex, be discriminatory practices [and] to example, when addressing excluded from participation in, be provide individual citizens effective discrimination based on sexual denied the benefits of, or be subjected protection against those practices.’’ Id. orientation, the Court stated: to discrimination under any education (emphasis added). program or activity receiving Federal Further, the text of both statutes Consider, for example, an employer with financial assistance . . . .’’ 20 U.S.C. two employees, both of whom are attracted contains no exception for sex to men. The two individuals are, to the 1681(a). discrimination that is associated with an employer’s mind, materially identical in all Title VII provides, with certain individual’s sexual orientation or respects, except that one is a man and the exceptions: ‘‘It shall be an unlawful gender identity. As the Court stated in other a woman. If the employer fires the male employment practice for an employer Bostock, ‘‘when Congress chooses not to employee for no reason other than the fact he (1) to fail or refuse to hire or to include any exceptions to a broad rule, is attracted to men, the employer discharge any individual, or otherwise courts apply the broad rule.’’ 140 S. Ct. discriminates against him for traits or actions to discriminate against any individual at 1747. The Court has made a similar it tolerates in his female colleague. Put with respect to his compensation, terms, point regarding Title IX: ‘‘[I]f we are to differently, the employer intentionally conditions, or privileges of employment, singles out an employee to fire based in part give Title IX the scope that its origins on the employee’s sex, and the affected because of such individual’s . . . sex[ ] dictate, we must accord it a sweep as employee’s sex is a but-for cause of his . . .; or (2) to limit, segregate, or classify broad as its language.’’ N. Haven Bd. of discharge. his employees or applicants for Ed. v. Bell, 456 U.S. 512, 521 (1982) employment in any way which would Id. (citations and internal alterations In another example, the Court showed deprive or tend to deprive any omitted). It also bears noting that, in why singling out a transgender individual of employment opportunities interpreting the scope of Title IX’s or otherwise adversely affect his status employee for different treatment from a prohibition on sex discrimination the as an employee, because of such non-transgender (i.e., cisgender) Supreme Court and lower Federal courts individual’s . . . sex[ ] . . . .’’ 42 U.S.C. employee is discrimination based on have often relied on the Supreme 2000e–2(a). (Title VII also prohibits sex: Court’s interpretations of Title VII. See, discrimination based on race, color, e.g., Franklin v. Gwinnett Cnty. Pub. [T]ake an employer who fires a transgender religion, and national origin.) Sch., 503 U.S. 60, 75 (1992); Jennings v. person who was identified as a male at birth Both statutes prohibit sex Univ. of N.C., 482 F.3d 686, 695 (4th but who now identifies as a female. If the discrimination, with Title IX using the employer retains an otherwise identical Cir. 2007); Frazier v. Fairhaven Sch. employee who was identified as female at phrase ‘‘on the basis of sex’’ and Title Comm., 276 F.3d 52, 66 (1st Cir. 2002); birth, the employer intentionally penalizes a VII using the phrase ‘‘because of’’ sex. Gossett v. Oklahoma ex rel. Bd. of person identified as male at birth for traits or The Supreme Court has used these two Regents for Langston Univ., 245 F.3d actions that it tolerates in an employee phrases interchangeably. In Bostock, for 1172, 1176 (10th Cir. 2001). identified as female at birth. Again, the example, the Court described Title VII Moreover, the Court in Bostock found individual employee’s sex plays an in this way: ‘‘[I]n Title VII, Congress that ‘‘no ambiguity exists about how unmistakable and impermissible role in the outlawed discrimination in the Title VII’s terms apply to the facts before discharge decision. workplace on the basis of race, color, [it]’’—i.e., allegations of discrimination Id. at 1741–42. religion, sex, or national origin.’’ 140 S. in employment against several Ct. at 1737 (emphasis added); id. at 1742 II. Bostock’s Application to Title IX individuals based on sexual orientation (‘‘[I]ntentional discrimination based on or gender identity. 140 S. Ct. at 1749. For the reasons set out below, the sex violates Title VII . . . .’’ (emphasis After reviewing the text of Title IX and Department has determined that the added)); see also Jackson v. Birmingham Federal courts’ interpretation of Title IX, interpretation of sex discrimination set Bd. of Educ., 544 U.S. 167, 174 (2005) the Department has concluded that the out by the Supreme Court in Bostock— (‘‘[W]hen a funding recipient retaliates same clarity exists for Title IX. That is, that discrimination ‘‘because of . . . against a person because he complains Title IX prohibits recipients of Federal sex’’ encompasses discrimination based of sex discrimination, this constitutes financial assistance from discriminating on sexual orientation and gender intentional ‘discrimination’ ‘on the based on sexual orientation and gender identity—properly guides the basis of sex,’ in violation of Title IX.’’ identity in their education programs and (second emphasis added)); Meritor Sav. activities. The Department also has either definition to conclude that discrimination Bank v. Vinson, 477 U.S. 57, 64 (1986) concluded for the reasons described in ‘‘because of . . . sex’’ encompasses discrimination based on sexual orientation and gender identity. Id. (‘‘[W]hen a supervisor sexually harasses this document that, to the extent other (‘‘[N]othing in our approach to these cases turns on a subordinate because of the interpretations may exist, this is the best the outcome of the parties’ debate . . . .’’). Similar subordinate’s sex, that supervisor interpretation of the statute. to the Court’s interpretation of Title VII, the ‘discriminate[s]’ on the basis of sex.’’ In short, the Department finds no Department’s interpretation of the scope of discrimination ‘‘on the basis of sex’’ under Title IX (emphasis added)). persuasive or well-founded basis for does not require the Department to take a position In addition, both statutes specifically declining to apply Bostock’s on the definition of sex, nor do we do so here. protect individuals against reasoning—discrimination ‘‘because of

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. . . sex’’ under Title VII encompasses WL 475000, at **6–7 (D. Mass. Jan. 17, harassed, disciplined in a discrimination based on sexual 2018) (describing ‘‘ ‘wide-spread peer discriminatory manner, excluded from, orientation and gender identity—to Title harassment’ and physical assault [of a denied equal access to, or subjected to IX’s parallel prohibition on sex lesbian high school student] because of sex stereotyping in academic or discrimination in federally funded stereotyping animus focused on [the extracurricular opportunities and other education programs and activities. student’s] sex, appearance, and education programs or activities, denied b. Additional case law recognizes that perceived or actual sexual orientation’’). the benefits of such programs or the reasoning of Bostock applies to Title c. The U.S. Department of Justice’s activities, or otherwise treated IX and that differential treatment of Civil Rights Division has concluded that differently because of their sexual students based on gender identity or Bostock’s analysis applies to Title IX. orientation or gender identity. OCR sexual orientation may cause harm. The U.S. Department of Justice’s Civil carefully reviews allegations from Numerous Federal courts have relied Rights Division issued a Memorandum anyone who files a complaint, including on Bostock to recognize that Title IX’s from Principal Deputy Assistant students who identify as male, female or prohibition on sex discrimination Attorney General for Civil Rights nonbinary; transgender or cisgender; encompasses discrimination based on Pamela S. Karlan to Federal Agency intersex; lesbian, gay, bisexual, queer, sexual orientation and gender identity. Civil Rights Directors and General heterosexual, or in other ways. See, e.g., Grimm v. Gloucester Cnty. Counsels regarding Application of While this interpretation will guide Sch. Bd., 972 F.3d 586, 616 (4th Cir. Bostock v. Clayton County to Title IX of the Department in processing 2020), as amended (Aug. 28, 2020), the Education Amendments of 1972 complaints and conducting reh’g en banc denied, 976 F.3d 399 (4th (Mar. 26, 2021), https://www.justice.gov/ investigations, it does not determine the Cir. 2020), petition for cert filed, No. 20– crt/page/file/1383026/download. outcome in any particular case or set of 1163 (Feb. 24, 2021); Adams v. Sch. Bd. The memorandum stated that, after facts. Where OCR’s investigation reveals of St. Johns Cnty., 968 F.3d 1286, 1305 careful consideration, including a that one or more individuals has been (11th Cir. 2020), petition for reh’g en review of case law, ‘‘the Division has discriminated against because of their banc pending, No. 18–13592 (Aug. 28, determined that the best reading of Title sexual orientation or gender identity, 2020); Koenke v. Saint Joseph’s Univ., IX’s prohibition on discrimination ‘on the resolution of such a complaint will No. CV 19–4731, 2021 WL 75778, at *2 the basis of sex’ is that it includes address the specific compliance (E.D. Pa. Jan. 8, 2021); Doe v. Univ. of discrimination on the basis of gender concerns or violations identified in the Scranton, No. 3:19–CV–01486, 2020 WL identity and sexual orientation.’’ course of the investigation. 5993766, at *11 n.61 (M.D. Pa. Oct. 9, Indeed, ‘‘the Division ultimately found This interpretation supersedes and 2020). nothing persuasive in the statutory text, replaces any prior inconsistent The Department also concludes that legislative history, or caselaw to justify statements made by the Department the interpretation set forth in this a departure from Bostock’s textual regarding the scope of Title IX’s document is most consistent with the analysis and the Supreme Court’s jurisdiction over discrimination based purpose of Title IX, which is to ensure longstanding directive to interpret Title on sexual orientation and gender equal opportunity and to protect IX’s text broadly.’’ identity. This interpretation does not individuals from the harms of sex III. Implementing This Interpretation reinstate any previously rescinded discrimination. As numerous courts guidance documents. have recognized, a school’s policy or Consistent with the analysis above, Accessible Format: On request to the actions that treat gay, lesbian, or OCR will fully enforce Title IX to contact person listed under FOR FURTHER transgender students differently from prohibit discrimination based on sexual INFORMATION CONTACT, individuals with other students may cause harm. See, orientation and gender identity in disabilities can obtain this document in e.g., Grimm, 972 F.3d at 617–18 education programs and activities that an accessible format. The Department (describing injuries to a transgender receive Federal financial assistance from will provide the requestor with an boy’s physical and emotional health as the Department. As with all other Title accessible format that may include Rich a result of denial of equal treatment); IX complaints that OCR receives, any Text Format (RTF) or text format (txt), Adams, 968 F.3d at 1306–07 (describing complaint alleging discrimination based a thumb drive, an MP3 file, braille, large ‘‘emotional damage, stigmatization and on sexual orientation or gender identity print, audiotape, or compact disc, or shame’’ experienced by a transgender also must meet jurisdictional other accessible format. boy as a result of being subjected to requirements as defined in Title IX and Electronic Access to This Document: differential treatment); Whitaker ex rel. the Department’s Title IX regulations, The official version of this document is Whitaker v. Kenosha Unified Sch. Dist. other applicable legal requirements, as the document published in the Federal No. 1 Bd. of Educ., 858 F.3d 1034, well as the standards set forth in OCR’s Register. You may access the official 1044–46, 1049–50 (7th Cir. 2017) Case Processing Manual, www.ed.gov/ edition of the Federal Register and the (describing physical and emotional ocr/docs/ocrcpm.pdf.2 Code of Federal Regulations at harm to a transgender boy who was Where a complaint meets applicable www.govinfo.gov. At this site you can denied equal treatment); Dodds v. U.S. requirements and standards as just view this document, as well as all other Dep’t of Educ., 845 F.3d 217, 221–22 described, OCR will open an documents of this Department (6th Cir. 2016) (describing ‘‘substantial investigation of allegations that an published in the Federal Register, in and immediate adverse effects on the individual has been discriminated text or Portable Document Format daily life and well-being of an eleven- against because of their sexual (PDF). To use PDF you must have year-old’’ transgender girl from denial of orientation or gender identity in Adobe Acrobat Reader, which is equal treatment); Doe, 2020 WL education programs or activities. This available free at the site. 5993766, at **1–3 (describing includes allegations of individuals being You may also access documents of the harassment and physical targeting of a Department published in the Federal gay college student that interfered with 2 Educational institutions that are controlled by a Register by using the article search religious organization are exempt from Title IX to the student’s educational opportunity); the extent that compliance would not be consistent feature at www.federalregister.gov. Harrington ex rel. Harrington v. City of with the organization’s religious tenets. See 20 Specifically, through the advanced Attleboro, No. 15–CV–12769–DJC, 2018 U.S.C. 1681(a)(3). search feature at this site, you can limit

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your search to documents published by ■ a. Revising the definitions of in Small-Claims Enforcement (‘‘CASE’’) the Department. ‘‘Conviction or convicted’’ and Act of 2020.1 The Register has ‘‘Practitioner;’’ determined that these changes will Suzanne B. Goldberg, ■ b. Removing the entry for ‘‘Roster’’ optimize business processes and aid in Acting Assistant Secretary for Civil Rights. and adding, in alphabetical order, an the administration of her functions and [FR Doc. 2021–13058 Filed 6–21–21; 8:45 am] entry for ‘‘Roster or register;’’ and duties as Director of the Copyright BILLING CODE 4000–01–P ■ c. Revising the definitions for Office.2 ‘‘Serious crime’’ and ‘‘State.’’ Operational reorganization. The The revisions and addition read as reorganization reduces the number of follows: direct reports to the Register of DEPARTMENT OF COMMERCE Copyrights and is expected to create Andrew Hirshfeld, Patent and Trademark Office administrative and cost efficiencies by Commissioner for Patents, Performing the consolidating operational organizations Functions and Duties of the Under Secretary currently headed by senior-level 37 CFR Part 11 of Commerce for Intellectual Property and Director of the United States Patent and positions. The reorganization brings the [Docket No.: PTO–C–2013–0042] Trademark Office. Office of the Chief Financial Officer [FR Doc. 2021–13145 Filed 6–21–21; 8:45 am] (renamed the Financial Management Division) and the Copyright RIN 0651–AC91 BILLING CODE 3510–16–P Modernization Office (renamed the Changes to Representation of Others Product Management Division) under Before the United States Patent and the supervision of the Chief of LIBRARY OF CONGRESS Trademark Office; Correction Operations (renamed the Assistant Copyright Office Register and Director of Operations AGENCY: United States Patent and (‘‘ARDO’’)). Realigning these divisions Trademark Office, Commerce. 37 CFR Parts 201, 202, 203, 210, and under the ARDO consolidates ACTION: Final rule; correction. 370 operational support elements under one senior manager, in line with operational SUMMARY: The United States Patent and [Docket No. 2021–3] structures across the Library of Trademark Office (USPTO or Office) is Congress. This consolidation is correcting an earlier final rule, ‘‘Changes Technical Amendments Regarding the expected to facilitate Office to the Representation of Others Before Copyright Office’s Organizational coordination with centralized Library the United States Patent and Trademark Structure services, and with similar functional Office,’’ that appeared in the Federal AGENCY: U.S. Copyright Office, Library elements of other service units. It is also Register on May 26, 2021 and which of Congress. expected to allow the Office to increase takes effect on June 25, 2021. This ACTION: Final rule. the effectiveness of communications document corrects a minor error. No across areas of operational other changes are being made to the SUMMARY: This final rule makes responsibility, in alignment with underlying final rule. technical changes to the U.S. Copyright strategic objectives. DATES: This rule is effective June 25, Office’s regulations pertaining to its The reorganization renames certain 2021. organizational structure in light of the organizational elements and senior FOR FURTHER INFORMATION CONTACT: agency’s recent reorganization. It positions for purposes of greater clarity William R. Covey, Deputy General reflects recent structural changes, and consistency. The Office of Public Counsel for Enrollment and Discipline updates certain of the Office’s division Records and Repositories is renamed the and Director of the Office of Enrollment names, and adds a new section for the Office of Copyright Records. As noted and Discipline, at 571–272–4097. Copyright Claims Board established by above, the Office of the Chief of the Copyright Alternative in Small- Operations is renamed the Office of the SUPPLEMENTARY INFORMATION: This Claims Enforcement Act of 2020. Director of Operations. The following document corrects an error pertaining to subordinate offices are also renamed: revisions to definitions made in the DATES: Effective July 22, 2021. FOR FURTHER INFORMATION CONTACT: The Copyright Acquisitions Division final rule. Specifically, the Office (‘‘CAD’’) is renamed Acquisitions and intended to change the listed definition Regan A. Smith, General Counsel and Associate Register of Copyrights, by Deposits (‘‘A&D’’); the Administrative of ‘‘Roster’’ to ‘‘Roster or register.’’ The Services Office (‘‘ASO’’) is renamed the Code of Federal Regulations editors email at [email protected], Kevin R. Amer, Deputy General Counsel, by Administrative Services Division informed the Office that the original (‘‘ASD’’); and the Receipt Analysis and Federal Register instruction to ‘‘revise’’ email at [email protected], or Joanna R. Blatchly, Attorney-Advisor, by email Control Division (‘‘RAC’’) is renamed the definition was incorrect. Rather, the the Materials Control and Analysis correct instruction should be to ‘‘remove at [email protected] or by telephone at (202) 707–8350. Division (‘‘MCA’’). The Copyright and add’’ the intended definition. This Modernization Office (‘‘CMO’’) is SUPPLEMENTARY INFORMATION: document corrects that instruction. The renamed the Product Management In FR Doc. 2021–10528, appearing on Copyright Office is publishing this final Division (‘‘PMD’’). page 28442 in the Federal Register of rule pursuant to its May 2021 Further, the Office of the Chief Wednesday, May 26, 2021, the reorganization. This effort is intended to Financial Officer (‘‘CFO’’) is renamed following correction is made: accomplish two goals: (1) Rename the Financial Management Division divisions and realign certain reporting § 11.1 [Corrected] (‘‘FMD’’) and work units under this structures to improve the Office’s division are also renamed, including by ■ On page 28452, in the first column, in effectiveness and efficiency; and (2) part 11, correct amendatory instruction reflect the agency structure for the new 1 Public Law 116–260, sec. 212, 134 Stat. 1182, 4 to read as follows: copyright small-claims tribunal 2176 (2020). ■ 4. Amend § 11.1 by: established by the Copyright Alternative 2 See 17 U.S.C. 701(a).

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